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(b) A petition for winding up a com
on the ground of default in fling the statutory report or in holding the statutory meeting shall not be presented by any person except a shareholder, nor before the expiration of touricen days after the last day on which the meeting ought to have been held; and
(e) The curt shall not give a heating to a petition. for winding up a company by a contingent or prospective creditor mail such security for posts has been given as the court thinks rea- sonable and until a primâ facie case for winding up has been established to the satisfaction of the court.
(2) Where a company is being wound up voluntarily or subject to supervision a petition may be presented by the official receiver attached to the court, as well as by any other person authorised in that behalf under the other provisions of this section, but the court shall not make a winding-up order on the petition unless it is satisfied that the voluntary winding up or winding up subject to super- vision cannot be coutlived with due regard to the interests of the creditors or contributories,
(3) Where under the provisions of this Part of this Ordinance any person as being the husband of a female contributory is banself a contributory, and a share has during the whole or any part of the six mouths been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the husband, the share shali, for the purposes of this section, be deemed to have been held by and registered in the name of the husband.
133. An order for winding up a company shall operate Effect of in favour of all die ereditors and of all the contributories of winding-up the company as if made on the joint petition of a creditor Ib. s. 138. and of a contributory,
184. A winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up.
order.
Commence-
ment of winding up by court. S Edw. 7 e. G9 s. 139.
135. At any time after the presentation of a petition Fower to for winding up, and before a winding-up order has been stay or re- strain pro- made, the company, or any creditor or contributory, may, ceedings where any action or proceeding against the company is against pending, apply to the court for a stay of the proceedings or company. to restrain further procedings in the action or proceeding, and the court may, as the ease may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
b. s. 110.
court on
136.-(1) On hearing the petition the court may dis- Powers of miss it with or without costs, or adjourn the hearing hearing conditionally or unconditionally, or make any interim order, petition. or any other order that it deems just, but the court shall 74, s. 141, not refuse to make a winding-up order on the ground only that the assets of the company have been mortgaged to an amount equal to or in excess of those assets, or that the company has no assets.
(2) Where the petition is presented on the ground of default in filing the statutory report or in holding the statutory meeting, the court may order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default.
137. When a winding-up order has been made, no Actions action or proceeding shall be proceeded with or commenced stayed on against the company except by leave of the court, and sub- winding-up ject to such terms as the court may impose.
138. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company to the registrar of companies, who shall make a minute thereof in his books relating to the company.
139. The court may at any time after an order for winding up, on the application of any creditor or contribu- tory, and on proof to the satisfaction of the court that all proceedings in relation to the winding up ought to be
order. Ib. s. 142.
Copy of order to be forwarded to registrar. lb. s. 143. Power of court to stay winding up.
7b. s. 144.
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